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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. LBO 0286709
Regular
Jul 12, 2007

FREDDIE C. MOSBY, JR. vs. BEST BUY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Liberty Mutual Insurance Company's petition for removal, upholding the WCJ's order to exclude the Agreed Medical Evaluator's (AME) reports and depositions. The Board adopted the WCJ's reasoning that the exclusion was appropriate, finding the defendant's arguments regarding ex parte communications and invited error unpersuasive. The case is now returned to the trial level for further proceedings.

Petition for RemovalAgreed Medical Evaluator (AME)Ex Parte CommunicationsInvited ErrorPrejudicialWCJ Report and RecommendationDiscovery Not ClosedTrial LevelWorkers' Compensation Appeals Board (WCAB)Liberty Mutual Insurance Company
References
Case No. ADJ7180851
Regular
Oct 10, 2014

DIANE MOSER vs. THE BUBBLE FACTORY, LLC, CHUBB GROUP OF INSURANCE COMPANIES

This case concerns a lien claimant's petition for reconsideration after their lien claim was dismissed. The dismissal occurred because the claimant failed to appear at a lien conference and did not respond to a notice of intention to dismiss. The Board denied reconsideration, finding the claimant invited the error by failing to properly notify defense counsel of its representation, thus justifying service on the original claimant. This procedural deficiency, coupled with the lack of good cause for non-appearance or objection, supported the dismissal.

WCABPetition for ReconsiderationLien ClaimDismissalNotice of Intention to DismissDue ProcessService of ProcessNotice of RepresentationInvited ErrorSubstantial Justice
References
Case No. ADJ8004147, ADJ8004039
Regular
Jul 25, 2016

NOE GUDINO vs. JUAN NAVARRO dba NAVARRO'S TREE SERVICE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns applicant Noe Gudino's petition for reconsideration of two adverse Findings of Fact and Orders denying claims for cumulative and specific work injuries. Although Gudino's claims were initially presumed compensable under Labor Code section 5402, the defendant successfully rebutted this presumption. The Appeals Board denied reconsideration, finding that any alleged evidentiary errors were invited by the applicant, and affording significant weight to the Workers' Compensation Judge's credibility determinations.

Workers' Compensation Appeals BoardNoe GudinoJuan NavarroUninsured Employers Benefits Trust FundFindings of Fact and OrdersCumulative InjurySpecific InjuryAOE/COELabor Code Section 5402Presumption of Compensability
References
Case No. ADJ9689895
Regular
Sep 19, 2025

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

The Appeals Board denied Northrop Grumman's petition for removal, finding no substantial prejudice or irreparable harm. The defendant argued the judge erred by not requiring a pre-trial conference statement at the mandatory settlement conference and by setting the matter for trial without notice of issues. However, the Board noted that defendant's own actions invited or waived the alleged error, and a subsequent filing of the statement rendered the argument moot. Removal is an extraordinary remedy, and reconsideration is an adequate remedy for any potential adverse decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMandatory Settlement ConferencePre-Trial Conference StatementTriable IssuesLabor Code Section 5811WCAB Rule 10515DemurrersPetitions for Judgment on Pleadings
References
Case No. ADJ10289629
Regular
Oct 19, 2017

Timothy Kirby vs. Contra Costa Water District

This case involves a clerical error where the defendant's reply brief was incomplete due to a missing second page. The Workers' Compensation Appeals Board (WCAB) initially did not consider the incomplete brief. Upon receiving the complete brief and an explanation of the error, the WCAB, exercising its discretion to correct clerical errors for due process, accepted the defendant's reply. The WCAB affirmed its prior decision, but amended the original opinion to delete the footnote referencing the incomplete brief and include the defendant's reply.

WORKERS' COMPENSATION APPEALS BOARDAMENDED OPINION AND DECISION AFTER RECONSIDERATIONPetition For Leave to File a Replyclerical errordue process rightscorrect clerical errorsconsider evidenceconsider pleadingsWCAB Rule 10848supplemental response
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ206397
Regular
Mar 04, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This Workers' Compensation Appeals Board order corrects a clerical error in the date of service for a previous decision. The original decision mistakenly stated the service date as March 3, 2016, when it should have been March 4, 2016. The Board is authorized to correct such errors without further proceedings. The corrected date of service is now March 4, 2016.

Workers' Compensation Appeals Boardclerical errordate of serviceOpinion and OrderPetition for Reconsiderationcorrecting errorSupplemental Proceedingsamended date
References
Case No. ADJ3274679
Regular
Jun 26, 2012

PATCHES CONWAY vs. ARCHITECTURAL ART MANUFACTURER, CHARTIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the defendant voluntarily withdrew it. The defendant had initially sought to set aside an Order Approving Compromise and Release, alleging an inadvertent clerical error by the applicant. However, the issue was resolved when the applicant corrected the error and the Appeals Board incorporated the amendments. Therefore, no further action was required on the reconsideration petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderInadvertent ErrorClerical ErrorIncorporate by ReferenceDismissed PetitionStatus Conference
References
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